Ask the Expert: A one-sided notice period
No it is not fair and it is certainly not good practice. But the question you really need answering is what can you do about it.
The legal position offers only small comfort. It is perfectly legal for employer and employee to have different notice periods, but an employee is entitled to a statutory minimum of one week's notice after one month's service. To stay within the law therefore, the company would have to give you a week's notice or a week's pay in lieu of notice if it wanted to sack you after the first month.
You may be interested to know that a new European Union directive is under consideration that could give temps and contract workers additional rights to challenge terms or conditions that are less favourable than those of permanent staff. That would allow you to challenge the clause if permanent employees were being offered a longer notice period (which they almost certainly are).
For now, however, your choices are to like it, lump it - or try to renegotiate it.
Why don't you look up the company's values or mission statement and see if you can use it as a bargaining tool. Many City of London firms, especially the larger ones, have high level statements about their core values which often include something about treating people fairly/with respect etc.
If this company has one, go back to the person offering the contract or to the HR department and ask them how such a one-sided clause fits in with the values statement.
If they do not have a convenient statement, you can still raise the issue on the grounds of common fairness. Stay calm and polite and suggest either that both sides be obliged to see the contract through or agree a notice period, such as 2 or 4 weeks, that would apply equally to both.
Such arrangements, which offer equality on both sides, are best practice and common practice.
Next week's question: I am an ex-manager who was made redundant in 1995. Being a woman, aged 35 at the time, I could not find simillar work. I therefore worked contract assignments until my current permanent role. I am 45 and look and work as a younger person. Agencies do not want to take me on and their only reason is my age. How do I get someone to work on my behalf to find me a new job?
What would you advise? Send your answer to: expertadmin@efinancialcareers.com.
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